Jaco Swartz 25 May 2017

Transcription

1 Selected comments on the development of the South African mining health and safety legislation with reference to hazardous areas and hazardous locations Jaco Swartz 25 May 2017

2 Introduction 1. Short history of the development of health and safety law within the context of the South African Mining industry 2. Overview of the legislation insofar as hazardous locations are concerned 3. Some critical considerations 4. Questions!

3 Why Laws? King Hammurabi, Codex Hammurabi Babylonia..\MHSA\Hammurabi.doc

4 Mine Year Fatalities Coalbrook Kinross Durban Navigation Collieries Vaal Reefs Natal Navigation Collieries New Marsfield Collieries Hlobane Colliery St. Helena Gold Mine Hlobane Colliery Middelbult Colliery Coalbrook ranks in the top ten mining disasters, in terms of fatalities worldwide!

5 Pre 1902 Colonial era legislation Example: The Cape Colony s Precious Stones and Minerals Mining Act of 1883 Cape Colony: Pro mining (Cecil John Rhodes Prime Minister Transvaal Republic: Pro landowner, anti uitlander -Little, not no, concern for health and safety , 4 Crown Colonies

6 era Fatalities

7 Post 1910 Union of South Africa Central Legislative function Mines and Works Act, 1911 (But older Regulations ) Conflict: Labour vs. Capital

8 Mining is inherently dangerous both to life and health. Those who wish to extract anything from under the surface of the earth by digging a hole must be prepared to devote some of their resources to safety. It is an unnatural activity giving rise to unnatural conditions. But safety measures invariably cost money and the employer must bear its expenditure. Thus a perpetual conflict of interest arises between employer and employee as to the nature and extent of the safety measures that may be considered reasonably practical and reasonably necessary. Mr. Justice JF Marais. Report, Marais Commission of Inquiry into the Coalbrook disaster

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10 100 Years, 6 Acts Mines, Works and Machinery Ordinance Replaced the ZAR Gold Act Mining Regulations Prescribed the minimum daily dietary allowance for workers etc Mines and Works Act Forbearer of the Mine and Works Act 1956, which heavily influenced it, and some of whose Regulations are still in place today 1956 Mines and Works Act - Evolution of the Act by the same name which preceded it, Regulations later became the Minerals Act Regulations, some of which are still enforced today under Schedule 4 of the MHSA 1991 Minerals Act Stated goal of streamlining the management of minerals and mining in SA through legal consolidation Mine Health and Safety Act Aligned with international norms, based on International Labour Organisation s Safety and Health in Mining Convention.

11 Regulations Acts change, Regulations remain. Regulation (In force in terms of Schedule 4) Manager may not. permit any incompetent or inexperienced workman to be employed on dangerous work, or work upon the proper performance of which the safety of person depends Mining Regulation Commision- Rubbish! Leon Commission- Rubbish! BUT IT IS THE LAW

12 Hazardous areas / Hazardous Locations Concept of Fiery Mine a part of legislated rules since inception Hazardous area defined in Mines and Works Act Regulations, 1956 In addition, specific rules for coal mines

13 MWAR, 1956 MWAR MWAR MWAR MWAR MWAR MWAR MWAR MWAR MWAR MWAR MWAR Prohibition of open flames Use of light metal devices in hazardous areas without precautions prohibited Flexible/trailing cables in hazardous areas Flexible trailing cables used in hazardous locations Electrical installations in hazardous areas Plans indicating hazardous areas to be kept Certification of equipment for use in hazardous areas Requirements for test reports Duty to forward information to inspectorate Certification of repaired equipment Information requirements for operation of explosion protected equipment

14 Post 1996 MHSAR 10.1 Definitions: (including hazardous location, light metal) MHSAR 10.1(1) Employer to ensure input by competent person MHSAR 10.1(2) Measures to be taken to prevent harm in hazardous locations due to fire, explosion, ignition of gases, dusts, mists or vapours.

15 Evolution Definitions: Some duplication exists; e.g. Light Metal Hazardous area vs. Hazardous location: 1.Coal Mine, return airway and 180m from working face, 2.Any other area, risk of igniting gas, dust, vapour Vs 1.Underground coal mines 0,5% by volume including return airway etc. 2.Other mines 0.5% by volume of air 3.Surface operations Classification in terms of SANS 10108

16 Incorporation of Standards 1. SANS ARP 0108 Requirements for explosion protected apparatus 2. SANS Classification of hazardous locations 3. ARP 0108 Recommended practice, regulatory requirement foe explosion protected apparatus 4. SANS 1086 Installation, inspection and maintenance of equipment used in explosive atmospheres 5. SANS 1654 DC powered machines for use in hazardous areas in mines 6. SANS 868 Compression ignition engine systems 7. SANS Use of light metals in hazardous locations

17 Employer vs. Manager 10.1(2) The employer must take reasonably practicable measures to prevent persons from being injured in any hazardous location as a result of fire, explosion or the ignition of gas, dust, mist or vapour. Historically, Manager and Engineer liable!

18 Conclusion Year Combined surface and underground fatalities

19 Regulation appoint such persons as may be necessary assist him in enforcing such observation of the regulations

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21 Questions? Jaco Swartz Managing Director Legislative Compliance Specialists (Pty.) Ltd. Tel: Fax: Mobile: